New lawyer’s oath:

“I (name) do solemnly swear that I accept the honor, privilege, duty, and
responsibility of practicing law in the Philippines as an officer of the court, in
the interest of our people.

I declare fealty to the Constitution of the Republic of the Philippines.

In so doing, I shall work towards promoting the rule of law in a regime of

truth, justice, freedom, love, equality, and peace.

I shall conscientiously and courageously work for justice as well as

safeguard the rights and meaningful freedoms of all persons, identities, and
communities. I shall ensure greater and equitable access to justice.
I shall do no falsehood nor shall I pervert the law to unjustly favor or
prejudice anyone.

I shall faithfully discharge these duties and responsibilities to the best of my

ability, with integrity and utmost civility.

I impose upon myself without mental reservation nor purpose of evasion

so help me God.”
I. Introduction

a. Definition of Terms:

Philosophy;

Philosophy of Law;

Law - a rule of conduct, just and obligatory, promulgated by

legitimate authority for the common observance and benefit.

That which is laid down, ordained, or established. A rule or method

according to which phenomena or actions co-exist or follow each
other. That which must be obeyed and followed by citizens, subject
to sanctions or legal consequences.

Political Law -
Labor and Social Legislation -
Civil Law -
Taxation Law -
Mercantile Law -
Criminal Law - is that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment.
Remedial Law - prescribes the method of enforcing rights or obtain
redress for their invasions.
Legal Ethics -

Statute - An act of the legislature declaring, commanding, or

prohibiting something; a particular law enacted and established by
the will of the legislative department of government; the written
will of the legislature, solemnly expressed according to the forms
necessary to constitute it the law of the state.
Bill -
Republic Act -
Jurisprudence - The philosophy of law, or the
science which treats of the principles of positive
law and legal relations.

"The term is wrongly applied to actual systems of law,

 or to current views of law, or to suggestions for its amendment, but
is the name of a science. This science is a formal, or analytical,
rather than a material, one. It is the
science of actual or positive law. It is wrongly divided
into 'general' and 'particular,' or into 'philosophical' and
'historical.' It may therefore be defined as the formal
science of positive law." Holl.Jur. 12.
In the proper sense of the word, "jurisprudence" is the
science of law, namely, that science which has for its
function to ascertain the principles on which legal rules
are based, so as not only to classify those rules in their
proper order, and show the relation in which they stand to
one another, but also to settle the manner in which new or
doubtful cases should be brought under the appropriate
rules. Jurisprudence is more a formal than a material
science. It has no direct concern with questions of moral
or political policy, for they fall under the province of
ethics and legislation; but, when a new or doubtful case
arises to which two different rules seem, when taken literally, to be
equally applicable, it may be, and often is,
the function of jurisprudence is to consider the ultimate
effect which would be produced if each rule were applied
to an indefinite number of similar cases, and to choose
that rule which, when so applied, will produce the greatest
advantage to the community.

Constitution -

b. What are the sources of law?

Natural Law - divine inspiration in man, derives its force and

authority from God. Binding to the whole world.
1. Physical Law - universal rule of action that governs the conduct
and movement of things i.e law of gravitation;
2. Moral law - establishes what is right and what is wrong as dictated
by human conscience;
3. Divine Law - divine positive law 10 commandments; divine human
positive law, enacted by man for their general welfare.

Positive Law
1. Public Law - Constitutional Law, the fundamental law of the land
which defines the powers of the government; Administrative Law,
 fixes organization and its functions; International Law, regulates
the community of nations.
2.

c. What are the classifications of law?

II. Theories related to Legal Philosophy

*Legal Theories: Natural Law Theory; Positivist Theory;

Interpretivist/Constructivist Theory; Critical Theory; Historical
Theory; Functional/Sociological Approach; Economic Approach;
Practice Theory; and, Forms-and-Fundamentals Approach.
Sources of Law.

It develops in a gradual and evolutionary process and cannot be separated from its national or
indigenous character from clannish rules, to folk beliefs, to landmark events that shaped a nation.
The historic schools raises the question of how the law originated. Reading the law is not enough.
One should also
read the historic struggles and the national profile or identity that colored the law.
Law operates in a specific language, impressed by cultural beliefs, traditions, customs,
temperaments, and the common experiences and consciousness (geist) of a people. The sources
of law will then include epics, folklores, religion, and political developments that provide a
window on the sentiments, archetypes, and pass-on ideals.
The law is therefore the product of a national genius. For example, the existence of the lupon
and the barangay in our legal system can only be understood with reference to their historicity.
The same with our indigenous cultural communities on their pre-Hispanic claim for ancestral
domain.

Classification of Law
Legal Theory is an inquiry into the nature of law. When law students develop a legal thesis, or
when lawyers, judges, and justices write arguments or opinions, it is important to know from
what theory one is dissecting a question of law. The following are major legal methodologies on
the origin and nature of laws, and how they interplay within the Philippine legal system.

Natural Law:
The teleological school looks into the principles, purpose, and end (telos) of the law. It goes to
the question of the why of the law. The proponents of this school believe that the law serves a
higher universal order based on a “natural order,” which we can discover through our common
human reason and validated by human experience. Natural law is an example of “normative
jurisprudence,” which evaluates the purposes or norms behind the law. Laws are rules for man to
realize his basic natural goods and when shared, become society’s common good.
According to natural law, nature is how people normally behave and are expected to behave.
Human nature, in particular, is rational. The law is law as long as it pursues the precepts of
reason: reasonableness, justice, equality, and fairness. For instance, the law may be stricken
down for being unreasonable or unjust. The jurist appeals to a higher law, that is, the principles
of rational or moral law in the absence of a law or in the presence of a bad law.

Positivist.
Positivists are positive on what the law “posits” by the authority given to the State or by
socially accepted rules. Also known as “the command theory,” positivism highlights obedience
to the content and expression of the law with the adage “dura lex, sed lex” (the law is hard, but
that is the law) and “quod principi placuit legis habet vigorem” (whatever pleases the prince has
the force of law). As our hero, Jose Rizal, said in his essay The Philippines: A Century Hence:
“Law has no skin, reason has no nostrils.”
Positivism is also referred as “conventionalism.” Law is purely a product of human will, not of
some natural law or divine will. Laws are made out of explicit or implicit agreements, treaties, or
conventions in society, not due to some extra-legal reality like natural rights, divine providence,
etc. although the agreement may mention these concepts. There is no underlying substance,
principle, or content that the law must conform. It need only be procedurally correct to be valid.
While natural law theory is normative jurisprudence for “what the law ought to be” (lex
ferenda), positivism is “analytic jurisprudence” that studies and recognizes law simply for “what
it is” (lex lata). No ifs or buts or referents to judge the law other than the law itself. For
positivists, all the other approaches to law (natural law, sociological, pragmatic) are wrong for

confusing “what ought” with “what is,” which positivists describe as the “overlap thesis” or “is-
ought fallacy.” Until nullified or amended, one cannot dismiss the law based on what it should be

according to some non-legal standards — for being immoral, inefficient, irrational, imprudent, or
impractical. Thus, when lawyers make or unmake legal arguments, they can only cite the law,
and citing the Bible or non-legal authorities will not hold water.

Interpretivist
The interpretivist school, as conceived by Ronald Dworkin — Hart’s nemesis and successor as
chair of Jurisprudence at Oxford — points that the law is more than explicitly adopted rules. It
has merits or principles behind them that can be “interpreted” or “constructed” by the courts. It is
a rights-based, pro-active construction of the law, against the by-the-rule reading of the law in
positivism.
Dworkin provided a middle ground between natural law theory and positivism that adheres to
the existence of rights and the basic principles of courtesy and justice. According to him,
jurisprudence assumes an abstract foundation. Judges disagree about the law because it is not
enough to say what the law says or not (as positivists claim), but there are correctible issues on
what the law should be.
There are two dimensions of legal interpretation: the formal and the substantive. In the formal
dimension, we look for logical consistency between principles and past decisions. In the
substantive dimension, we look for principles that best “explain” or “justify” the law, which is
construed as having a moral rights-based dimension. It is the “integrity of the law” that entitles it
to a claim to our obedience.
A law is not integral when it is not consistent (formal) and when it goes against substantial
rights and principles (substantive). Positivism is wrong since it only requires that the law be
formally recognized or claimed as law, without going into the merits of the law. We do actually
criticize laws based on principles, for being “unreasonable,” “unjust,” “unnecessary,” or
“irrelevant.”
he Supreme Court en banc, on June 25, 2019, adopted and
promulgated A.M. No. 19-03-24-SC Rule 138-A Law Student
Practice, otherwise known as the Revised Law Student Practice Rule
(Revised Rule). The Revised Rule is an amendment to the existing
provisions of Rule 138-A of the Rules of Court. A salient feature of
the Revised Rule is that a law student must now be certified
to be able to engage in the limited practice of law.

What are its most important features?

[1] The Rule covers the limited practice of law by students certified
under the Clinical Legal Education Program (CLEP) of the law school.
Examples of law practice allowed are:

[a] Appearances;
[b] Drafting and submission of pleadings and documents before trial
and appellate courts and quasi-judicial and administrative bodies;
[c] Assistance in mediation, legal counselling and advice; and
[d] Others mentioned under Section 1.

[2] The Rule requires that law students, before engaging in practice of
law via the Clinical Legal Education Program (CLEP), must first apply
for and secure the following:

[a] Level 1 Certification for those who have completed the 1st year;
and/or
[b] Level 2 Certification for those who are currently enrolled in their
third year, second Semester under Section 3.

[3] Section 4 enumerates the areas of law student-practitioners can

engage in in accordance with their certification.

[4] Section 5 enumerates the requirements for certification

application.

[5] Section 6 enumerates the duties of a law student-practitioner. It

says that they are bound by the Code of Professional Responsibility.

[6] Section 7 is the counterpart of the lawyer's signature provision

under the Rules of Court. A law student practitioner may sign briefs,
pleadings, letters and other similar documents under the direction of
the supervising lawyer and indicating his/her practitioner's certificate
number.

[7] Section 9 enumerates the duties of law schools, one of which is to

develop and maintain a legal clinic.
[8] Sections 10 and 11 provide for the qualifications and
duties of supervising lawyers. Unfortunately, the Rule
requires the personal appearance of the supervising lawyer
with the law student-practitioner.

[9] The Rule provides for appropriate sanctions in cases of violation

(Section 13).

[10] The Rule shall take effect at the start of school year 2020-2021.

[11] Rule 138, Section 5 has been amended by this Rule, regarding the
prerequisites to take the 2023 bar examination.

Pursuant to the provisions of Section 5(5), Article VIII of the 1987

Constitution, the Supreme Court used its power to adopt and
promulgate rules concerning legal assistance to the underprivileged
through the amendment of the provisions of Rule 138-A. This
amendment ensures access to justice of the marginalized sectors,
enhances learning opportunities of law students by instilling in them
the value of legal professional social responsibility, and to prepare
them for the practice of law. The Supreme Court also addressed the
need to institutionalize clinical legal education program in all law
schools in order to enhance, improve, and streamline law student
practice, and regulate their limited practice of law. The Revised Rule is
now more comprehensive with 14 sections and shall take effect at the
start of the Academic Year 2020-2021 following its publication in two
newspapers of general circulation.

Under Section 3 of the Revised Rule, a law student shall apply for and
secure a Level 1 or 2 Certification, as the case may be, in order to be
permitted to engage in any of the activities under the Clinical Legal
Education Program of a law school. The basic distinction between the
two levels involve the minimum academic requirement the law
student has successfully completed: for Level 1 Certification – first-
year law courses, while for Level 2 Certification – third-year law
courses.

Section 4 enumerates the practice areas for law student practitioners

for both Level 1 and 2 Certifications. Section 5 itemizes the
certification application requirements, which include a duly-
accomplished application form under oath in three copies
accompanied by proof of payment of the necessary legal and filing
fees. It also distinguishes where each level certification is valid. Level 1
is valid before all courts, quasi-judicial and administrative bodies
within the judicial region where the law school is located, whereas
Level 2 is valid before all courts, quasi-judicial and administrative
bodies.

Once the law student is certified, the certificate number must be used
in signing briefs, pleadings, letters, and other similar documents
produced under the direction of a supervising lawyer. (Section 7) The
law student shall also take the Law Student Practitioner’s Oath, a
modified lawyer’s oath, under Section 8 before engaging in the limited
practice of law.

The duties of law student practitioners, law schools, and supervising

lawyers are also enumerated in Sections 6, 9, and 11 respectively.

The Revised Rule also enumerates in Section 13 acts considered as

unauthorized practice of lawas well as the corresponding sanctions,
without prejudice to existing laws, rules, regulations, and circulars. It
stresses that “unauthorized practice of law shall be a ground for
revocation of the law student practitioner’s certification and/or
disqualification for a law student from taking the bar examinations for
a period to be determined by the Supreme Court.” (Supreme Court
Media (2019). SC Adopts Revisions to the Law Student Practice Rule.
July 16, 2019. sc.judiciary.gov.ph/4810/)
Section 20 of Rule 138 of the Rules of Court also enumerates the duties of a
lawyer:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in connection with his client's business except
from him or with his knowledge and approval;

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor
or reputation of a party or witness, unless required by the justice of the cause with which he
is charged;

(g) Not to encourage either the commencement or the continuance of an action or

proceeding, or delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless
of his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of
law.

Duty to society-should not violate his responsibility to society,

exemplar for righteousness, ready to render legal aid, foster social
reforms, guardian of due process, aware of special role in the solution
of special problems and be always ready to lend assistance in the study
and solution of social problems.
Duty to the legal profession-Fairness, courtesy and truthfulness, avoid
encroachment in the business of other lawyers, uphold the honor of
the profession
Duties to the court -Respect or defend against criticisms, uphold
authority and dignity, obey, order and processes, assist in the
administration of justice.
Duties to the client - Devotion